For those that think it can't happen in the US, it's called legislation by regulation.
Roughly how it works is... a governemnt agency writes a new regulation and starts to enforce it. It is usually at the direction of the whoever is in power. Typically used when they can't get legislation through both houses of Congress quickly or not at all. Normally they are written with loopholes to favor certain groups. Those groups may be large contributors, friends or influential lobbyists supporting other organizations that contribute. Sometimes the new rules are even largely written but those groups. If we the people are lucky they post it for comments before implementation. Sometimes they even listen.
Once the regulation is established and enforced, it takes lawsuits to get it over turned. Years can go by before anything is changed. If the regulatory agency wins in court, it becomes the law of the land. If they lose, they can just start the cycle again.
It is also why citizens groups like CASAA are so important.
Roughly how it works is... a governemnt agency writes a new regulation and starts to enforce it. It is usually at the direction of the whoever is in power. Typically used when they can't get legislation through both houses of Congress quickly or not at all. Normally they are written with loopholes to favor certain groups. Those groups may be large contributors, friends or influential lobbyists supporting other organizations that contribute. Sometimes the new rules are even largely written but those groups. If we the people are lucky they post it for comments before implementation. Sometimes they even listen.
Once the regulation is established and enforced, it takes lawsuits to get it over turned. Years can go by before anything is changed. If the regulatory agency wins in court, it becomes the law of the land. If they lose, they can just start the cycle again.
It is also why citizens groups like CASAA are so important.